By accepting these Terms and Conditions, you declare that:
● you acknowledge that the complete submission of the required data in the Free Trial form ("Form") and electronically signing it (by clicking the appropriate button) is equivalent to contractual acceptance of this document and its annexes;● you understand that the subscription to the Service will only become effective upon receipt of the successful activation notice sent by Riivu via e-mail ("Welcome Email");● you have read and accept, without reservation, all provisions and clauses set forth in this document, which are reproduced in full below;● you have read, understood, and accepted the financial terms and conditions contained in this document;● you have read, understood, and expressly accepted, pursuant to and for the purposes of applicable US law, the following provisions of the Terms and Conditions: "OPERATION OF THE SERVICE"; "WARRANTIES"; "UNAUTHORIZED USE"; "INTELLECTUAL PROPERTY AND COPYRIGHT"; "LIMITATIONS OF LIABILITY AND FORCE MAJEURE"; "MODIFICATIONS TO THESE TERMS"; "CONFIDENTIALITY AND PRIVACY"; "EXPRESS TERMINATION OF CONTRACT"; "ASSIGNMENT OF CONTRACT"; "SEVERABILITY"; "APPLICABLE LAW AND JURISDICTION"; "PERSONAL DATA"; "GENERAL CLAUSE".
SUBJECTThese Terms and Conditions and the Annexes on the Site govern the contractual relationship between Riivu, the owner and proprietor of the Platform, and Clients. Acceptance of the Terms and Conditions and the Annexes by the Customer is a prerequisite for initiating the Free Plan and activating the Subscription. The Customer declares that they have carefully read these Terms and Conditions and the Annexes before submitting the Form and starting to use the Service. The Customer, without having to physically sign any paper form, may sign these Terms and Conditions and the Annexes, in the sense of full acceptance of them, after completing the entry of the required data in the Form and finally selecting the appropriate button. The selection of the aforementioned button shall be understood as a subscription to all effects of the Terms and Conditions and the Annexes, as well as the regulations contained therein. It is understood that the validity of acceptance of this document will also extend to the Registration phase. Through the completion of the Form, the Customer also accepts the sending by Riivu of information via e-mail and/or SMS to facilitate the use of the Service.
OPERATION OF THE SERVICE DESCRIPTIONRiivu operates in the IT sector by offering Customers the Service, which allows the Customer Account to enter Activities in their own Sector and take advantage of the Functionalities described later. The Customer Account, through Integrations, can manage and aggregate Public Reviews. The best Public Reviews can be placed within the corresponding Activity's website via Widgets. Additionally, the Client Account can, by entering the data of the Interested Parties, send them e-mails, SMS, and/or WhatsApp messages, requesting them to review the Activity they have used, thanks to the "Send Link" feature. The Customer Account can also choose to automatically send the Interested Parties a request to issue a review, through the section called "Automate".FUNCTIONALITY▪ Feedback Manager: This section allows the Client Account to monitor and analyze the flow of Public Reviews received.▪ My Activity: In this section, the Client can add, remove, update, and/or manage Activities (divided by Sectors) and Integrations.▪ Send Links: Through this Functionality, the Client sends requests to Interested Parties to release reviews via e-mail, SMS, and/or WhatsApp messages using a link automatically generated by the Platform (the "Link"). Interested Parties who click on the "Positive Experience" button can choose on which third-party site (Facebook, Google, TripAdvisor, etc.) to release their review. If, on the other hand, Interested Parties click on the "Negative Experience" button, they will be directed to fill out a form, the answers to which will be imported into the Negative Reviews section. The maximum number of emails you can send per month is 100, of SMS is 20, and of messages through WhatsApp 100 per month for the free plan, 1000 emails, 100 SMS, and unlimited WhatsApp for the pro plan.▪ Edit template: With this Functionality, the Customer Account can edit the text to be included in the email, SMS, and/or WhatsApp message sent via the Send Requests Functionality. Additionally, the Customer Account can customize the templates of posts to be shared on social channels via the "Post for Social" Feature.▪ Site Widget: Through this section, the Client Account can use the Link to post the latest best public Reviews on the site of the corresponding Activity, through the Carousel, Feed, Pop-up, Badge, and Video modes.▪ Affiliation: This is the section in which the Client Account enters the data of third-party companies who intend to use the Service. If these companies complete the Registration procedure, the Customer Account becomes an Affiliate. The Affiliate receives a 40% commission of the corresponding Subscription for each third-party company, which the Company agrees to invoice monthly.▪ Sharing on Social: This Functionality of the Platform allows the Client Account's social profiles to be linked in order to share Public Reviews on social platforms (Facebook and Instagram) via Edit Template.▪ Analytics: Functionality to monitor the growth and distribution of reviews.
ACCESS TO THE SERVICEThe Customer who intends to access the Service has two different options to choose from:
Book the Demo and subsequently start the Free Plan;Start the Free Plan directly.
DemoThe potential Client can book a 30-minute video conference with a member of the Company's Team to receive a free demonstration of the Service and its Features. The booking is made through the third-party site www.calendly.com, which the potential Client is redirected to. The Company is not liable for any malfunctioning of that site. The required data for the potential Client to book the Demo are:
● First and last name;● E-mail address;● Company website.
The Company reserves the right to send a notice to remind the Customer of the date and time of the scheduled Demo.
Trial PeriodThe potential Customer, by entering the requested data and clicking on "try it for free for 14 days," receives the opportunity (after getting the Welcome E-mail) to try Riivu's Services free of charge for 14 (fourteen) days. At the end of this period, the Customer must start the Registration procedure if they wish to continue using the Services. The Company reserves the right to send e-mail communications regarding the Features described above during this period.
The required data for the Customer to start the Trial Period are:
● E-mail and new password (the "Credentials");● First and last name;● Company name;● Company logo (optional);● Telephone number (optional)
After completing the data entry to start the Trial Period, the Customer can proceed with the Integrations.REGISTRATION, VERIFICATION, CANCELLATIONRegistration and VerificationThe Registration procedure begins only after the end of the Trial Period and ends after entering the payment method via "Add a Card" and filling out the Registration form (the "Form"). After completing the Registration procedure, the Customer will receive an e-mail confirmation of successful Registration (the "Confirmation Notice"), and the Subscription will be activated. The Customer can access their profile by entering appropriate credentials chosen by them and continue using the Services throughout the Subscription period.
The following data should be entered within the Form:
If the Customer is a natural person:● First and last name;● Tax code;● Billing address;● Payment details;● Cell phone number (optional).If the Customer is a legal person:● Registered office;● Company name;● VAT number;● Legal representative master data and tax code;● Billing data: PEC SDI code;● Payment data;● Cell phone number (optional).
CancellationThe Customer has the option to cancel the Subscription at any time by clicking on the appropriate button called "cancel subscription". In this case, the Company reserves the right to ask the Customer certain questions regarding the reasons for cancelling the Subscription. Failure to answer such questions does not hinder the Customer's cancellation. Following the request for termination, the Company will send a confirmation e-mail.
RULES OF CONDUCT AND COMMITMENTS OF THE PARTIESFrom the receipt of the Welcome Email, the Customer is obliged towards the Company to:
● Use the Platform in accordance with the conditions defined in this document and apply all necessary security measures to avoid the disclosure of data to unauthorized third parties;● Not reproduce, extract, reconstruct, or reuse any element of the Platform in any way, form, or medium;● Use the Software and Services in compliance with applicable legislation, particularly regarding the "Consumer Code" (Legislative Decree No. 206 of 2005), privacy provisions set forth in Regulation (EU) 2016/679 (GDPR), and legislation on intellectual property, image rights, and e-commerce.
Both the Company and the Client, each to the extent of its competence, undertake to:
● Adopt any security measures required by law to ensure the protection and security of their documents, data, information, and computer systems;● Operate in accordance with legal provisions on workplace safety (Legislative Decree 81/08), personal data protection (Legislative Decree 196/03, GDPR), and the civil and criminal protection of programs, data, computer systems, electronic communications, and databases, and supervise the work of their appointees;● Perform any disclosures to relevant tax and administrative authorities required for digital preservation of documents related to the Services and this document.
The Service and all rights thereto are and shall remain the property of the Company, which does not intend to transfer any rights in the Services to the Customer by entering into these Terms and Conditions.
The Customer agrees to comply with, perform in good faith, and with diligence, the commitments made and arising from the use of the Services.CORRESPONDENCEThe Customer, in exchange for the preparation, management, and provision of the Services, agrees to pay the Company a monthly fee for each Activity related to the Customer Account (the "Fee"). The Company may use coupons, discount coupons, and/or functional promotions to review and/or differentiate the quantification of the Fee.
It is specified that the invoicing of the Fee will be carried out by the Company within 12 (twelve) days from the activation of the Subscription, which also verifies the correctness of the data entered by the Customer (the "Verification"). If an error is found, it will be communicated to the Customer for appropriate correction.
Payment terms, delays, and termination
The Customer is required to pay the Fee on a monthly or annual basis, through the payment method entered during Registration. The Customer will be granted the option to withdraw from the Service and terminate the Subscription by activating the termination process, as explained above.DURATION OF THE CONTRACTThe contract has a monthly duration and is automatically renewed for the respectively agreed duration (1 month), unless the Customer decides to proceed with the termination process described above. The Customer's right to terminate the contract for just cause remains unaffected.SERVICE MANAGEMENTThe Company will render its Services with organization of means and management at its own risk, in a workmanlike manner, in accordance with the quality standards and technical characteristics suggested by normal business practice with respect to activities such as the subject of the service itself. The Company undertakes to carry out all activities necessary, expedient, useful or functional, according to the principles of fairness and good contractual faith, for the preparation, organization and management of the Services in favor of the Client.
For the performance of any activities necessary, expedient, useful or functional for the preparation, management and delivery and rendering of the Services, the Company and the Customer may use their own trusted associates, employees or collaborators. In this regard, the parties will each be responsible for the work of their own auxiliaries. All economic and legal relations will be directly, and exclusively, between each party and its auxiliaries.
WARRANTIESCustomers' warranty rights are governed by applicable regulations, including those relating to licensing of the Software, term and revocable, and provision of services related to their operation.
SOFTWARE SECURITY AND WARRANTYRiivu, in order to ensure the proper functioning of the Service and, in particular, the security of the data loaded and stored on its Software, uses anti-intrusion software and protocols. Should the Customer encounter problems related to the operation of the Software, he/she may request support via Chat or he/she must send appropriate communication via e-mail to oi.uviir%40troppus containing the details to qualify the problem. Riivu reserves the right to proceed to the resolution of the problem presented by the Customer, directly or through third parties designated for this purpose. For the duration of the contractual relationship, Riivu guarantees the Customer the necessary assistance on the Software. It is understood that Riivu shall not be held liable for any damage caused directly or indirectly to the Customers if such damage is a consequence of intent or gross negligence on the part of the Customer.WARRANTY LIMITATIONSIt is understood that the warranty, except in cases of willful misconduct on the part of Riivu, does not specifically cover any replacements for damages and/or malfunctions due to or resulting directly or indirectly from:
● fortuitous events or force majeure (such as, but not limited to: floods, structural collapse, natural or biological events, etc.);● misuse of the Software (such as, but not limited to: tampering with the same or use for purposes other than the enjoyment of the Services);● willful misconduct, negligence, inexperience, recklessness on the part of the Customer;● temporary interruption of the operation of the Software due to maintenanceperiodic and necessary maintenance.
The Customer, for itself and its assigns, releases Riivu from any liability for "consequential damages" or "lost profits," such as loss or loss of income, resulting from the unavailability or downtime for the time necessary to repair, maintain and/or upgrade the Software. USE NOT PERMITTEDCustomers are not permitted to:
● reverse engineer, disassemble and/or modify the Software, create derivative works on the code of the Software or any portion thereof;● circumvent computer systems used by Riivu and/or its licensors to protect the content of the Software and Customer documents;● copy, store, modify, change, or alter in any way the contents of the Software;● use any robot, spider, site search/retrieval application, or any other automated device, process, or means to access or retrieve technical specifications on the Software;● resell, rent, license or sublicense the Services, without prior consent from the Company;● disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content and/or otherwise place it alongside the Riivu brand;● publish and advertise other services having the same or similar specifications as those provided by Riivu;● provide false or defamatory information about Riivu and its Services to third parties;● use the Services offered by Riivu in any other improper manner that violates these Terms and Conditions and the content of additional documentson the Site;● respond to Public and/or Private Reviews with content that is inappropriate,defamatory, illegal, obscene, illegitimate, and/or offensive content● using language that is defamatory, misleading, and/or may induce violencewhen editing the review release request in the appropriate sectionEdit Template;● violate any applicable laws in the above matters.
If the Customer's actions violate, in form and substance, the above requirements, or, while complying with them, create economic, reputational or legal risks for Riivu, Riivu reserves the right to immediately discontinue the provision of Services with respect to the Customer. In such a case, Riivu will send the Customer an e-mail notification with information on the reasons and modalities for discontinuing the Services.
INTELLECTUAL PROPERTY AND COPYRIGHTThe Customer acknowledges that the Company is the sole owner of the intellectual property rights related to the Software (including trademark rights, copyrights in the Company's texts and graphical interfaces and in general all materials and processes used in the conduct of the Company's business) and that these rights are protected by the laws applicable in this regard (including laws protecting industrial property, copyright and competition). It is therefore understood that any use not in accordance with this agreement, or any use after the expiration, termination, or otherwise termination of the contractual relationship, will constitute a violation of the Company's rights. All trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, which may be registered in the name of Riivu and pertaining to the Services or the Software, are and remain the exclusive property of the Company or its licensors, in accordance with applicable national and international intellectual property laws.LIMITATIONS OF LIABILITY AND SUPERVENING IMPOSSIBILITYRiivu, within the limits of the regulations in force, is liable for damages of a contractual and extra-contractual nature caused to the Customer or to third parties, exclusively when these constitute an immediate and direct consequence of malice or gross negligence. The Customer expressly exempts and releases Riivu from any liability, to the extent permitted by applicable law, in relation to any damages or claims, its own and/or of third parties, of any kind and nature, including direct or indirect incidental damages, on persons or property, damages resulting from lost profits, reputational damages, loss of data, replacement costs, resulting from the Customer's failure to comply with or violation of these Terms and Conditions. Should the Company be unable to guarantee the use of the Services due to a supervening impossibility, it will immediately notify the Customers in writing specifying whether it is a total or partial impossibility.
In the first case, the contractual relationship will be understood to be terminated guaranteeing however the Service on the policies stipulated up to that moment and regularly paid. In the second case, at the Customer's request, the Company will continue to perform that part of the Service that is nevertheless feasible, but the User will be entitled to a corresponding reduction in the fee in proportion to the duration of the impediment and the remaining usefulness of the Services during the period of partial performance.MODIFICATIONS TO THESE TERMSRiivu reserves the right to amend the provisions of this document and the Annexes, at any time and for such reasons as it sees fit. Any changes will be communicated to the Customer by e-mail and/or by posting on the Site. Amendments shall be effective as of the first day of the first month following the month in which the Company shall have pre-announced them to the Customer in writing, unless legal regulations or administrative measures impose or result in an earlier or later effective date.
In case of disagreement, the Customer may withdraw without charge from this document and the Service, by notice by e-mail which must be received by the Company no later than fifteen calendar days from the date of receipt of the notice of change in the conditions. In such case, the withdrawal will become effective at midnight of the day preceding the day on which the changes would otherwise have been effective. In the event of withdrawal, the Company will invoice the Customer only for the Services offered to the Customer up to the effective date of the withdrawal.
The Customer, who decides to continue to use or have used the Service, following the modification(s) of one or more parts of the aforementioned documents, made by Riivu, will automatically accept the new terms and conditions.
CONFIDENTIALITY AND PRIVACYEach party undertakes to maintain - and to ensure that its auxiliaries maintain - absolute confidentiality and secrecy with regard to any aspect, news, and information relating to the other party's business of which it may become aware during the term of the contractual relationship, including but not limited to any news or information pertaining to the organization, know-how, clientele, services, products, and contractual conditions applied.
EXPRESS TERMINATION OF THE CONTRACTRiivu shall have the right to terminate the contractual relationship upon the occurrence of the following events qualifying as a serious breach:
(a) use of false credentials, false documents or otherwise not traceable to the Customer, including the indication of promotional codes/conventions without being entitled to them;(b) failure or delay in payment of amounts due within the timeframe set forth herein;(c) if the Customer, despite a written warning, does not stop a serious violation of these Terms and Conditions or if it does not immediately remedy the consequences already occurred in connection with such violations;(d) in case of improper use by the Customer of the benefits arising from the allocation of particular conventions or agreements in place between Riivu and third parties.